Licensing Agreement Lawyer Tompkins County, NY
You spent months developing a unique product line and signed a licensing agreement with a regional manufacturer who promised royalty payments every quarter. The first payment arrived. Then the checks stopped, and your phone calls went unanswered. You started to wonder whether your contract is worth anything at all. At Law Offices Of SRIS, P.C., we help creatives, entrepreneurs, and businesses in Ithaca, Dryden, and throughout Tompkins County enforce their licensing agreements and recover what’s owed. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleStrategy Options When a Licensing Agreement Is Breached
When the other side fails to honor a license—whether they stop paying royalties, exceed the geographic scope, or use your intellectual property without permission—you have several paths forward. The first is often a targeted demand letter. Mr. Sris and the firm’s Of Counsel draft detailed correspondence that cites the specific contractual obligations and the applicable New York law, often prompting compliance without court involvement.
If informal efforts fail, litigation becomes a tool to protect your rights. In Tompkins County, licensing disputes are filed in New York Supreme Court, which has general original jurisdiction and no monetary cap. The firm works to position your case for negotiation leverage from the outset; most matters settle before trial, but extensive preparation for the courtroom is what drives those settlements. Mr. Sris and his Of Counsel bring extensive combined legal experience to evaluating each agreement, identifying the strongest theory of recovery, and pursuing the remedy that best fits your business goals. Results may vary.
What To Expect in the Court Process
Licensing disputes in Tompkins County proceed under the New York Civil Practice Law and Rules. Cases are heard at the Tompkins County Supreme Court in Ithaca, part of the Sixth Judicial District. The court applies familiar contract principles—interpreting the four corners of the written agreement, examining the parties’ course of performance, and, when applicable, looking to the Uniform Commercial Code for the sale of goods. Discovery under the CPLR can include document production, interrogatories, and depositions, each governed by deadlines the court sets on its own calendar.
Timelines vary by the complexity of the dispute and the court’s docket. A straightforward royalty-collection action may progress more quickly than one involving accounting for sales and geographic limitations. Throughout the process, our Of Counsel attorneys coordinate with you to gather records, prepare discovery responses, and evaluate settlement offers. From the initial filing through any appeal, the firm’s focus remains on enforcing the bargain you struck
Remedies and Damages in a Licensing Dispute
When a licensing agreement is breached, the law provides several categories of relief. Compensatory damages aim to put you in the position you would have occupied if the contract had been performed—typically the unpaid royalties. Consequential damages may be available for losses the breaching party had reason to foresee, such as lost business opportunities. New York courts generally do not award punitive damages for a pure breach of contract absent an independent tort; attorney-fee shifting is only available if the agreement itself provides for it.
The strength of your claim turns heavily on the written terms. Mr. Sris and his Of Counsel analyze the agreement to determine which damages are recoverable and, when the contract is silent, advise you on the realistic range of recovery under New York precedent. Because every case is different, it is important to discuss the specific language of your agreement with our firm.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor, an experience that brings a practical understanding of how disputes escalate and how to position a case for resolution. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys contribute their own years of practice across a variety of civil litigation areas. Together, the team brings extensive combined legal experience to contract and licensing matters throughout Tompkins County. Results may vary.
Frequently Asked Questions
What is a licensing agreement?
A licensing agreement is a written contract that grants one party permission to use the other party’s property—such as a patent, trademark, copyright, or trade secret—in exchange for compensation, usually royalties. In New York, these agreements are interpreted under general contract law principles and, when goods are involved, under the Uniform Commercial Code. The agreement typically defines the scope of use, geographic territory, duration, and payment terms. When one side violates those terms, the non-breaching party can seek remedies through negotiation or litigation.
What should I do if the other party stops paying royalties?
You should immediately gather the licensing agreement, all payment records, and any correspondence related to the non-payment, then contact a contract lawyer to evaluate your options. A prompt demand letter often resolves the matter without court. If the breach continues, you may file suit in Tompkins County Supreme Court seeking unpaid royalties and, if the agreement allows, attorney fees. Mr. Sris and his Of Counsel can review your agreement and advise on the most effective next step.
How long do I have to bring a claim for breach of a licensing agreement in New York?
In New York, the statute of limitations for breach of a written contract is six years from the date of the breach. For oral agreements, the period remains six years as well, though proving the terms can be more difficult. It is important not to wait; delay can weaken evidence and allow the other side to argue you accepted the breach. Contact the firm promptly at (888) 437‑7747.
In New York, the statute of limitations for breach of a written contract is six years.
Source: N.Y. C.P.L.R. § 213(2). New York State Senate — CPLR § 213
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Do I need a lawyer to enforce a licensing agreement?
You are not legally required to hire a lawyer, but because licensing agreements involve complex contract language, intellectual-property rights, and court procedure, representation gives you an important advantage. An experienced attorney can identify the strongest claims, calculate the damages correctly, and handle discovery and motion practice before the court. For a licensing dispute in Tompkins County, reach Mr. Sris and his Of Counsel at (888) 437‑7747 to discuss how we can assist.
What damages can I recover if someone breaches my licensing agreement?
You can typically recover compensatory damages to put you in the position you would have been in had the contract been performed—most often unpaid royalties, plus consequential damages if they were foreseeable. New York courts generally do not award punitive damages for a contract breach absent an independent tort. Attorney fees are recoverable only if your written agreement includes a fee-shifting clause. The exact amount depends on the specific losses proven at trial or settlement.
Can a licensing agreement be terminated early?
Yes, a licensing agreement can be terminated early if the contract itself provides for termination under certain conditions—such as material breach, insolvency, or failure to meet sales benchmarks—or if both parties agree to end it. Without those provisions, early termination may itself amount to a breach, entitling the non-terminating party to damages. Our Of Counsel review the termination language before you take any action, to avoid creating a claim against yourself.
How does the court process work in Tompkins County for a licensing dispute?
A licensing dispute in Tompkins County begins with the filing of a summons and complaint in New York Supreme Court, Tompkins County, located in Ithaca. The defendant must then answer. The parties exchange discovery under the CPLR, which may include depositions and document requests. The court may schedule conferences to encourage settlement. If no resolution occurs, the case proceeds to trial before a judge or, if demanded, a jury. Timelines depend on the court’s calendar and the complexity of the issues.
What if the other party is in another state?
If the defendant is outside New York, you can still bring suit in Tompkins County as long as the contract has a sufficient connection to the state—for example, the agreement was to be performed here or the defendant transacts business here. New York’s long-arm statute provides jurisdiction under those circumstances. Serving an out-of-state party follows specific rules; our firm manages service of process regardless of where the other party is located.
How much does a licensing dispute lawyer cost in Tompkins County?
Fees vary by case, depending on the complexity of the dispute, the amount at stake, and the time required to litigate or negotiate a resolution. We discuss fee arrangements during a consultation, after reviewing your agreement and your objectives. To learn more, call (888) 437‑7747.
What records should I bring to a consultation?
Bring the signed licensing agreement and any amendments, all payment records, copies of correspondence with the other party, and any evidence of the breach—such as sales reports showing the misuse of your property—to your consultation. The stronger the paper trail, the more efficiently our Of Counsel can evaluate the strength of your claim and outline the next steps. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
Does the firm handle licensing matters involving intellectual property?
Yes, while Law Offices Of SRIS, P.C. Does not hold itself out as a patent or trademark prosecution firm, we do handle the contractual side of IP-related licensing agreements—such as disputes over royalties, territory, or exclusivity—under New York contract law. For issues requiring federal registration or patent filings, we can coordinate with specialized counsel when appropriate. Contact us at (888) 437‑7747 to discuss whether your matter falls within our practice.
Contact Us
If a licensing agreement in Tompkins County is not being honored, you have legal options. Reach Mr. Sris and the firm’s Of Counsel at (888) 437‑7747 to request a consultation. Appointments are available by phone or at our New York location. We look forward to discussing how we can help enforce your agreement.
Law Offices Of SRIS, P.C.
(888) 437‑7747
New York location
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.